TERMS AND CONDITIONS FOR USE OF THIS APPLICATION AND/OR WEBSITE
- The Agreement
1.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) comprise the terms and conditions of your use of the Puntaa Service provided in whatever form on this Application (the “Application”) or this Website (the “Website”) (as the case may be) and through whatever delivery mechanism offered. They constitute your agreement with us and apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
1.3 Puntaa is owned by Puntaa Pty Ltd, a proprietary limited Australian Company (ACN 601 575 240). Puntaa is regulated by the Northern Territory Racing Commission. Puntaa Pty Ltd holds a Sports Bookmaker Licence and is licenced to accept bets by electronic transmission, twenty-four (24) hours per day.
1.4 In these Terms and Conditions, Puntaa Pty Ltd is referred as “Puntaa”, “we”, “us” or “our” and you are referred to as “player”, “you”, “user” or “your”.
1.5 These Terms and Conditions come into force immediately upon acceptance by you, indicating that you agree with and accept to be bound by its terms. You are advised to read these Terms and Conditions carefully. Your continued use of the Application and/or Website means that you accept these Terms and Conditions, which form a binding legal agreement between you and Puntaa. If you do not agree to be bound by them, you should exit the Application and/or the Website immediately.
1.6 In addition to these Terms and Conditions set out below, additional terms and conditions govern various promotional offers, offered to you from time to time, under the Promotional Terms and Conditions. In such circumstances, you will be directed to the Promotional Terms and Conditions and you will be required to familiarise yourself with these terms.
1.7 In addition to these Terms and Conditions set out below, additional terms and conditions govern the rules of each Tournament. You are required to familiarise yourself with the Betting Rules.
1.8 IPuntaa reserves the right to update our Services at any time.
- Amendments to this Agreement
2.1 We reserve the right to revise or amend the Terms and Conditions at any time. Any amendments will be effective immediately on the earlier of –
a. its posting on the Application and/or the Website; or
b. notifications to you by email or by post.
If you disagree with any such revision or amendment, you should cease using the Application and/or the Website immediately. We recommend that you check the Application and/or the Website from time to time to review these Terms and Conditions because they are binding on you.
2.2 No Customer Support Team member has the power to amend these Terms and Conditions.
- Account Information
3.1 You are only permitted to open one account per person. We reserve the right to close any accounts that we consider to be duplicate accounts and any bets made via such duplicate accounts are void.
3.2 Your account is for a single user only. You are not permitted to share your email and password with any other person.
3.3 You are required to enter all mandatory information requested by us. We shall not be liable for incorrect entries, including but not limited to data input error.
3.4 You must be over the age of 18 (eighteen) to register and open an Account with us, and by doing so, you warrant to us that you are that age and that all information that you provide to us is, to the best of your knowledge and belief, accurate and complete and that any future changes to this information will be provided to our Customer Support Team in a timely manner. We reserve the right to request proof of age documentation from any customer at any time.
3.5 You shall fulfill all commitments made on your Account in the course of using the Application and/or the Website and are fully responsible for all communications from your Account, and for anyone using your Account. You agree that if any other person uses the Application and/or the Website through your Account, you shall be bound by such use as if it were your own use, and you shall fully indemnify us in respect of any failure by such third party to fulfill any commitments made by such use.
3.6 Every player will choose their confidential login information. For security reasons we recommend players change their login information from time to time. It is your responsibility to keep this information secure, as all transactions where login information is used, will be regarded as valid.
3.7 For players using the Application, please note that we will not be responsible for any damage to, or loss of data from mobile phones on which the data is installed, or for any call charges incurred while using the Application. Please note that using the Application outside a Wi-Fi network may result in data charges from mobile network providers. We will not be responsible for any such charges.
3.8 You agree that any information provided through your Account, including first and last name, date of birth, residential address, and email address, will be accurate, and that you will update that information promptly when it changes by notifying the Puntaa Support Team via email@example.com. It is your responsibility to ensure that all personal details are current and up to date as failure to do so may result in transactions/payments being incorrect. You acknowledge that if any of the information is inaccurate, we reserve the right to terminate your Account, this agreement and your use of the Application and/or the Website.
3.9 In line with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, all Account holders are required to provide Puntaa with adequate identification for the purposes of complying with the Act. The provisions of the Act provide for Australian Government standards of identification for proof of name, age and residential address.
3.10 All licensed wagering client Accounts in Australia are required to undergo customer identification, as stipulated by Federal Legislation.
3.11 All Accounts must be verified by us prior to any withdrawal, and are processed within 45 days of you opening the Account.
3.12 Client ‘identification information’ (ID) means your full name, residential address (‘address’) and date of birth, as provided to us upon signing up for your Account. If you do not provide full details up front, we may suspend your Account without notice, pending an investigation by us.
3.13 Before you place your first bet or deposit funds for the first time after you open an Account, you accept that we will supply your ID to GreenID and/or another third party verification service for the purpose of ID Verification. The verification process may involve checking your ID against third party databases and credit headers. We will not pass your personal financial information to GreenID or any other third party verification provider. We may also use other public information services to confirm your identity.
3.14 You agree and give consent for Puntaa to disclose your name, residential address and date of birth to a credit reporting agency. For the purpose of asking the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency, to assist in verifying your identity, for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide Puntaa with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment.
3.15 We may request, and you agree to provide, further documentation that confirms your ID, if your Account is not successfully verified by our 3rd party verification providers.
3.16 You agree that we may use personal information provided by you in order to conduct anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- Making Deposits
4.1 You may only participate in bets within the Application and/or the Website if you have sufficient funds in your Account. It is your responsibility to maintain sufficient funds in your Account. The Application and/or the Website will not allow you to enter a Tournament, unless you have sufficient available funds in your Available Funds Account to cover the total Entry Fee.
4.2 You may only deposit funds in your Account by using one of the available payment methods on the Application and/or the Website.
4.3 Please note that minimum deposit amount is $10.00.
4.4 Please note that the maximum deposit amount is the lesser of either $1,000 per transaction, or a cumulative total of $1,000 in deposits per day.
4.5 Maximum deposit amounts may be increased upon player request to the Customer Support Team, based upon a review of the player’s profile and suitability factors. The Customer Support Team may request additional identification documents from players as part of this process.
4.6 Depending on your chosen payment method, fees may be payable by you as a result of depositing funds in your Account and will be treated as an independent charge by the relevant payment provider, for which you will be fully responsible. These payment fees will be made clear to you when depositing and withdrawing funds from your Account.
4.7 Please note that we currently only accept Australian issued credit cards.
4.8 Please note that we do not store your Credit Card number. It is passed straight through to our PCI-DSS Compliant Payment Service Provider, where it is securely stored.
4.9 When using your credit card for depositing funds, your funds only clear when we receive an approval and authorisation. Should we not receive any such authorisation, your Account will not be credited with these funds.
4.10 Should your credit card be lost or stolen you should inform us, as well as the bank immediately.
4.11 Should any funds be credited to/debited from your Account in error, it is your responsibility to notify us without delay. We shall be entitled to reverse any credits and/or recover those sums from you if they have been withdrawn.
4.12 In consideration for your use of the Application, you irrevocably transfer and assign to us any ownership right that you may have in any interest that may accrue on funds held by us. This assignment applies only to interest earned on your funds, and does not grant us any ownership right to the principal of the funds you maintain with us, subject to the Terms and Conditions.
4.13 We reserve the right to raise queries regarding the source of any funds placed in your Account, as is required by anti-money laundering legislation. We may suspend or terminate any such Account where the answers to such queries are unsatisfactory.
4.14 You may only make deposits and withdrawals to and from your Account for the purpose of using the Service available on the Application and/or the Website and we reserve the right to suspend or terminate your Account in the event that we suspect that you are using your Account for other means. In such circumstances, we reserve the right to charge a 5% handling fee, to be deducted from the withdrawal to cover our administration time and all bank charges associated with the relevant deposits.
- Making Withdrawals
5.1 You can make withdrawals from your Available Funds account by requesting a direct deposit subject to the conditions of Clause 5.
5.2 Withdrawal by requested direct deposit: each withdrawal must be at least $10 (save in the case of a final withdrawal to close an Account).
5.3 Withdrawals may only be made to the Bank Account you have registered within the Application.
5.4 Withdrawals may only be made to an Australian Bank Account.
5.5 The Account holder must be a signatory on the Bank Account you register.
5.6 Withdrawals will display as ‘Puntaa Pty Ltd’ on your bank statement.
5.7 Depending on your chosen payment method, fees may be payable by you as a result of withdrawing funds from your Account and will be treated as an independent charge by the relevant payment provider, for which you will be fully responsible.
5.8 To be eligible to withdraw any funds related to a Promotional Offer, you must have met the Promotional Terms and Conditions. Once you receive / use Promotional Funds you are bound by the Promotions Terms and Conditions.
- Dormant Accounts
6.1 For the purposes of these Terms and Conditions, a “Dormant Account” shall mean any player Account which, for a continuous period of 12 (twelve) months or more, has not either
a. had funds deposited in it; or
b. had funds withdrawn from it; or
c. had a Tournament settled from it; or
d. had a Tournament accepted from it.
6.2 In respect of such Dormant Accounts, we reserve the right to charge on the last day of each month a processing handling fee of $10 per month, which will be deducted in arrears at any time within 10 (ten) working days of the subsequent month together with an annual handling fee of $50 per annum which will be due on 31st December of each calendar year. These charges shall be payable in respect of any Dormant Account until such time as the Account becomes active again or has a nil balance.
6.3 If your Account has been deemed a Dormant Account and your balance has fallen below the $10 threshold or has subsequently been dormant for an additional 12 (twelve) calendar months, your Account shall be deemed to be an “Abandoned Account” and closed, and the sum total of cash held in your Account at the time of closure will be donated to charity chosen by Puntaa.
6.4 Any monetary rewards, incentives or promotional funds which have been given to you will be revoked by Puntaa once the Account becomes a Dormant Account.
6.5 Suspended Accounts will also be placed into the dormant category after 12 months from the date the Account was suspended or Self-Excluded.
- Closing your Account
7.1 You have the right to close your Account at any time. To close an Account you must email the Puntaa Support Team at firstname.lastname@example.org. On receipt of your email, we will respond within a reasonable time confirming closure of your Account, but you will continue to be responsible for all activity on your Account until such time as closure of your Account has been confirmed to you by us. We will use our reasonable endeavours to close your Account within 7 (seven) working days.
7.2 Should you decide to close your Account, all outstanding Tournament Entry Fees will be forfeited, regardless of whether or not the outcome of relevant Tournament has occurred or been Resulted. In the event that you place in a Tournament, post the closure of your Account, your Payout will be paid into your nominated Bank Account.
- 7.3 The remainder of your outstanding Account balance (excluding any rewards) at the time of closure, will then be deposited into to your nominated Bank Account.
- Creating a Bet
8.1 Any Bets placed or accepted by you are done solely on the exercise of your own judgment and discretion. You acknowledge that you have not relied on any statement, representation or advice from us in deciding to Bet. You also acknowledge that by using the Application and/or the Website you may lose money and you accept full responsibility in the event that you confirm and pay out such losses, and such confirmation, will preclude you from issuing a Chargeback on any non-fraudulent transaction. Any such participation is at your sole discretion and risk.
8.2 By entering into a Bet Players warrant that:
a. they are not prohibited by their terms of employment from entering the Bet, or by the rules of any other organisation applicable to them;
b. they do not know the outcome of the subject matter of the Bet;
c. if they have an interest in an Event, they cannot place a Bet that could reasonably be taken to constitute an inducement for –
c.1 a human competitor in the Event –
c.1.1. to withdraw from, become disqualified for or fail to participate in the Event; or
c.1.2. not to participate in the Event to the best of the human competitors ability;
c.1.3. to interfere with or jeopardise, contrary to rules of the Event, the performance of of human competitors, or any non-human competitors, in the Event
c.2 an official in the event not to officiate in the Event impartially.
8.3 Please note that you are solely responsible for Accounting for your winnings, if so required by law, for tax purposes or to any other competent or relevant authority.
8.4 We reserve the right to declare a bet void if
a. a player, or persons associated with a player unfairly influence the outcome of an event; or
b. a player is in breach of these Terms and Conditions; or
c. the result of an event has been directly or indirectly affected by criminal activity.
- Disputed Activity
9.1 In any dispute, parties will be encouraged to resolve the issue amicably, including those between Players and Puntaa.
9.2 For detail on lodging a customer query, dispute or complaint with Puntaa please refer to the Customer Query, Dispute & Complaint policy.
9.3 We reserve the right to suspend or terminate your Account if we suspect (in our sole discretion) that you are engaged in illegal or fraudulent behaviour while using our services, are breaching these Terms and Conditions, are taking unfair advantage over us or other players, or otherwise acting in an unfair manner by exploiting a fault in our software, by collusion or by any other unfair or illegal methods.
9.4 We reserve the right to cancel or void any Tournaments in our absolute discretion, where in our reasonable opinion, there is a manifest error in the Tournament in question, or there is technological failure.
- Collusion, Cheating and Fraud
10.1 The Application and/or the Website operate to facilitate bets.
10.2 If you suspect that any party might be cheating by undertaking one of the following:
a. colluding with other third parties;
b. using unfair external factors or influences;
c. placing bets through unauthorised methods;
d. undertaking fraudulent activities to your possible disadvantage and their advantage; or
d. use of multiple Accounts,
you should report such activity to our Customer Support Team as soon as reasonably practicable. Such practices are not allowed and we will take all reasonable steps to investigate any such complaints and, where possible, prevent them. We shall not, however, be liable for any form of loss sustained by you as a result of any of the activities outlined above or any other such unlawful activity of any persons using the Application and/or the Website.
10.3 We reserve the right to terminate your Account, withhold the balance of your Account and recover from your Account the amount of any affected Payouts or winnings if:
a. you are found or suspected to be participating in any form of collusion or fraudulent practice;
b. we become aware that you have invalidly requested a charge-back or have denied any of the transactions made on your account;
c. you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
d. you have more than one Account at any one time;
e. obtain others information;
f. falsify personal information;
g. tamper with the Service;
h. you are found to be in breach of any other terms of these Terms and Conditions; or
i. at Puntaa’s absolute discretion.
10.4 We reserve the right to recover from your Account the amount of any affected Payout or winnings, and/or recover those sums from you if they have been withdrawn, in the event that you have participated in any form of collusion or fraudulent practice, regardless of your knowledge or innocence.
10.5 We will accept no responsibility, and will not be liable for any consequences that are alleged to have occurred through your use or misuse of our Services.
- Suspicious Activity
11.1 If we become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. In addition, we reserve the right to retain any funds related to that activity and the balance on the Accounts in question, in order to disburse them to the relevant authorities. We shall be under no obligation to provide you with any reasons for these actions. If the activity and transactions are cleared of any suspicions all retained funds will be made available to you.
11.2 Where we suspect that you are participating in any form of collusion, fraudulent practices or money laundering activities, we reserve the right to report such activity to the Fraud and Cyber Crime Police Unit, the relevant authorities and regulators, online service providers, banks, credit card companies, electronic payment providers or other financial institutions including details of your identity and you agree to cooperate fully with us to investigate any such activity.
12.1 You hereby acknowledge and accept that by using our Application and/or the Website there is a risk of losing money. We accept no responsibility, nor shall we be liable for any consequences that are alleged to have occurred through your use or misuse of the Application and/or the Website.
12.2 The Application and/or the Website is provided “as is” and without any express or implied warranty of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Application and/or the Website on the basis that we exclude all representations, warranties, conditions and any other terms (including but not limited to warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose) which, but for these Terms and Condition might have effect in relation to the Application and/or the Website.
12.3 In no event will Puntaa (or any of its group companies, officers, directors, employees, shareholders or agents) be liable for any damages whatsoever including, without limitation:
a. any direct, indirect, special, incidental, consequential loss or damages whether exemplary or punitive;
b. any loss of income;
c. any loss of direct or indirect profits;
d. any loss of goodwill;
e. any loss of data;
f. any loss of contracts;
g. any loss of use of money;
h. any loss or damages arising from or connected in any way to business interruption; or
i. and whether in tort (including without limitation negligence), contract or otherwise in connection with the Application and/or the Website in any way or in connection with the use, any inability to use or the results of the use of the Application and/or the Website including but not limited to loss or damages due to viruses that may infect your computer equipment, mobile handset, tablet, software, data or other property on Account of your access to, use of, or browsing of the Application and/or the Website or the downloading of by you of the Application.
12.4 Our maximum liability to you for any matter arising out of or in connection with your use of the Application and/or the Website will be limited to the aggregate of the amount legitimately in your Account.
12.5 You agree to indemnify and hold us, our officers, directors, agents, employees harmless (and keep us so indemnified or held harmless) from any action brought against us by any third party from any liabilities, costs, claims, actions, proceedings, damages, expenses (including legal costs and expenses) losses or demands whosoever arising, suffered or incurred by us as a result of your breach of these Terms and Conditions or any documents incorporated by reference into this agreement or out of your violation of any law or the right of any third party.
12.6 We will not be liable for any loss or damage that you may suffer because of any act of God, power failure, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, access delays or access interruption, data non-delivery or data mis-delivery, the unauthorised use of your security access details or any other delay or failure caused by a third party. In such an event we reserve the right to void any Tournament or cancel or suspend our Services arising from such circumstances without incurring any liability. Furthermore, we will not be responsible for the failure of any equipment, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Application and/or the Website, or prevent you from being able to contact us.
12.7 You acknowledge that we will hold information with respect to your identity, including, but not limited to your name, address and date of birth. You agree that we rely on this information in entering into this agreement with you, and you accept that we have no liability whatsoever against any inaccuracy or falsehood contained in the information as provided by you.
12.8 Unless otherwise stated, we are the owners and authorised users of all intellectual property rights in all materials on the Application and/or the Website, and all its content including, without limitation, any copyright, trademarks, text, photographs, videos, logos, designs, codes, templates, specifications and any modification, improvements, enhancements thereof. These intellectual property rights are protected by the laws of Australia, international treaties and all other applicable copyright and intellectual property laws. If you breach any of the terms of clauses 12.9 to 12.11 (inclusive), your permission to use the Application and/or the Website shall automatically terminate and you must destroy any downloaded or printed extracts from the Application and/or the Website.
12.9 Any rights not expressly granted in these Terms and Conditions are reserved. All content and materials on the Application and/or the Website are provided for your own personal usage, thus the reproduction, distribution, or commercial exploitation of such content or materials in any manner whatsoever without our express and prior written consent is prohibited. Any other use or reproduction of any such materials without our prior written consent will constitute a breach of these Terms and Conditions.
12.10 It is strictly prohibited to collect any data from us by screen scraping or any other automated or manual collection. It is also prohibited to use any data from the App/website without our prior written permission, except for non-commercial social sharing.
12.11 For the avoidance of any doubt, you may use the data available on the Application and/or the Website, only as strictly required for your permitted personal purpose of availing of our service. We reserves the right to take such action as we consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of our data, or of the Application and/or the Website.
- Code of Conduct
13.1 Players are expected to behave with decency in all communication with one another, including but not limited to creating Tournaments, introducing friends and commenting on Tournaments. While using the Application and/or the Website, you agree that all the following will be considered to be inappropriate behaviour and may warrant disciplinary action including termination of your Account:
a. Transmitting or communicating any content which, in our opinion, is offensive, including language that is hurtful, offensive, harmful, threatening, abusive, harassing, obscene, vulgar, sexually explicit, unlawful, or racially, ethnically, or otherwise objectionable.
b. Posting any inappropriate information about yourself or other players.
c. Impersonating any person or business, or communicating in any way that makes it appear that the communication originates from Puntaa.
d. Threatening, harassing or stalking another player.
e. Advertising any affiliate programs, multi-level marketing, or soliciting the buying and selling of any products or services.
f. Spamming chat.
g. Participating in any action which, in our opinion, exploits the Application and/or the Website in order to secure unfair advantage over other players.
h. Participating in any action which in our opinion, defrauds any other player of the Application and/or the Website.
i. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Puntaa contained in the Application and/or the Website. You are also prohibited from the transmission of content that violates or infringes the rights others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
j. Using any unauthorised programmes that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by Puntaa.
k. Uploading an inappropriate profile picture or photo.
13.2 Violation of these terms may result in the removal of the content and the cancelling of your Account. You acknowledge that Puntaa may remove any content and cancel your Account at any time for any reason.
- Software and Links
14.1 By using the Application and/or the Website, you are wholly responsible for all internet connection fees, together with all equipment servicing or repair costs necessary to allow you to access the Application and/or the Website.
14.2 When using the Application and/or the Website, it may be necessary for us to provide you with our own software and/or that provided by third parties (“Software”). You may be required to enter into end user terms and conditions of use in respect of such Software in order to make use of such Software. The terms upon which you may download and use any such Software will be made available to you at the time of download and must be accepted by you prior to your use of that Software.
14.3 Under no circumstances shall you interfere with, copy, modify or reverse engineer any Software provided to you by us and/or any third party or attempt to do so.
14.4 The Application and/or the Website contain links to other third party sites. These links are provided solely as a convenience to you and not as an endorsement by us of the content of such third party websites. Use of these links and the external websites are at your own risk. The linked websites are not under our control and therefore we accept no responsibility for the content of such websites. We hereby disclaim all liability with regard to your access to and use of such websites.
14.5 No links are permitted to the Application and/or the Website without our prior written permission.
15.1 We follow best practice to safeguard your personal information. You accept the inherent security implications of using the internet, and therefore we cannot absolutely guarantee the security of any information you disclose.
15.2 est practice to safeguard your personal information. You accept the inherent security implications of using the internet, and therefore we cannot absolutely guarantee the security of any information you disclose.
- Responsible Gambling
16.1 We operate a Responsible Gambling Policy including the following:
a. Setting self-limits: Puntaa applies default self limits on a player’s accounts to reduce the risk of problem gambling, these limits extend to the following Amounts
i. Maximum Daily Bet Amount
ii. Maximum Deposit Amount
iii. Maximum Daily Deposit Amount
b. A Player may submit a request to adjust the default Self-limits. In the event that the Player requests that the Customer Support Team reduce a Limit Amount/s, the Customer Support team will implement their request immediately. In the event a Player requests to increase a Limit Amount/s, the Customer Support Team will assess a Player’s request and make a decision to implement or decline the self-limit request. Any request for an increase will incur a 24 hour waiting period. For further information please read our Responsible Gambling Policy or speak with the Customer Support Team via email@example.com.
c. Self-Excluding: We offer you the option to self-exclude yourself from betting with us. Self-exclusion can be temporary or permanent, during which time your Account will be closed and your Available Funds, if any, remitted.
If you would like to self-exclude yourself, please contact the Customer Support Team at firstname.lastname@example.org who will assist you to complete and return a Self-Exclusion Notice. While you are Self-Excluded you must not apply for an Account or place any bets through the Service using your Account or otherwise. You may apply for your self-exclusion to be revoked with the Authority’s permission, or with the Puntaa Support Team, post the Self-Exclusion date. Please contact our Customer Support Team at email@example.com for further details.
- Right of Refusal
17.1 We reserve the right (in our sole discretion) to refuse to register you and/or to suspend and/or terminate your Account at any time and/or to refuse your entry into any Tournament, in respect of or in connection with your use of the Application and/or the Website. We shall not be obliged to provide you with any reasons for so doing and shall not be liable to you in any way for any loss or damages that may result from any such action.
17.2 We reserve the right to refund to you or withhold any payment of monies from or into your Account if there is manipulation of our financial system or suspicion or evidence thereof or a breach or suspected breach of any applicable law, regulation or any of these terms and conditions, in each case without providing any reason.
17.3 Use of any Account otherwise than in accordance with these Terms and Conditions or any other abuse of any Account is strictly prohibited.
17.4 We reserve the right to withdraw your use of any of the Application and/or the Website at any time, subject to fulfilment of any outstanding commitments under these Terms and Conditions.
18.1 Persons located outside Australia’s States and Territories are prohibited from using the Application. This prohibition may be changed by us from time to time with or without notice.
18.2 TThe presentation by us of any betting or gaming propositions or facilities does not constitute an offer or invitation for the use of the Application and/or the Website in any jurisdiction outside Australia.
18.3 It is your responsibility to fully and completely comply with laws concerning betting in the jurisdiction in which you are located. If you live in a country or state which prohibits betting you must not register with us, or attempt to use our services.
18.4 Accessibility of the Website in any jurisdiction outside of Australia shall not be construed as a representation or warranty with respect to the legality of use of the Application and/or the Website in that jurisdiction. No Payout shall be paid to you in respect of the use of the Application and/or the Website whilst you are located outside Australia.
18.5 We reserve the right to terminate your Account and refuse any and all current or future use of the Application and/or the Website if we suspect or know that you have been using them whilst located outside of Australia.
19.1 No Waiver: Any failure by us to enforce any provisions of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver of any provision of these Terms and Conditions shall not constitute a waiver or any future obligation to comply with such provision or requirement.
19.2 Severability: These Terms and Conditions are severable. If any term or condition is declared invalid unlawful or unenforceable to any extent, that term or condition will to that extent be severed so that the remaining Terms and Conditions will continue to be valid to the fullest extent permitted by law.
19.3 Assignment: The Agreement is made exclusively between us and you. You shall not be entitled to assign or transfer this Agreement in any way. We are entitled to assign, transfer, charge or otherwise deal in our rights as we see fit.
19.5 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Northern Territory, Australia. You irrevocably agree that the courts of Northern Territory shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Application and/or the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of these terms and conditions is taking place or originating.
- Requested Records
21.1 Where you have opened an Account with us, Puntaa reserve the right to provide an Australian governing sporting body with information about you, when that information is requested from us by that Australian governing sporting body in the course of a legitimate enquiry.
22.1 Puntaa maintains segregated customer bank accounts which at all times have sufficient funds to cover all monies owed by Puntaa to its customers. Monies in a customer’s Account are not insured, guaranteed, sponsored or otherwise protected. As such, monies in a customer’s Account are not protected in the event of Puntaa’s insolvency.